4901:2-21-07
Suspension and revocation of a certificate of public convenience and necessity.

(A)
For purposes of this rule, service upon staff shall be
by ordinary or certified United States mail, facsimile transmission, or
electronic mail. Service upon a for-hire motor carrier shall be by ordinary or
certified United States mail, facsimile transmission, or electronic mail if the
for-hire motor carrier to be served has consented to receive service by
electronic mail.

(B)
A certificate shall be suspended if a for-hire motor
carrier does any of the following:

(1)
Fails to meet the annual update requirements of rule
4901:2-21-06 of the
Administrative Code.

(2)
Fails to maintain accurate and current business
information with the commission

(3)
Fails to
maintain proper proof of insurance or proper levels of insurance pursuant to
Chapter 4901:2-13 of the Administrative Code.

(5)
Is in default on
any civil forfeitures imposed pursuant to section
4923.99 of the Revised
Code.

(C)
If a for-hire motor carrier's certificate is subject
to suspension pursuant to paragraph (B) of this rule, the staff shall serve
upon the for-hire motor carrier a notice that its certificate has been
suspended and that all intrastate operations must cease immediately. The notice
shall indicate the nature of the deficiency prompting the suspension, the means
by which the deficiency may be remedied, and instructions regarding the manner
in which the respondent may serve a response upon the staff. The notice shall
inform the for-hire motor carrier that its certificate shall be subject to
revocation if it fails to correct the deficiency within sixty days from the
date of the notice.

(D)
A for-hire motor carrier upon whom a notice described
in paragraph (C) of this rule has been served may serve a response upon the
staff within sixty days of service of the notice. The response shall contain a
detailed statement indicating why the issuance of the notice may be
unjustified, mitigating circumstances or subsequent remedial measures
undertaken in regards to the issues raised in the notice, and any other
information relevant to the issues raised in the notice.

(E)
If the response
served pursuant to paragraph (D) of this rule demonstrates to the satisfaction
of the staff that the deficiency has been remedied, the for-hire motor
carrier's certificate shall be reinstated and the staff shall serve upon the
for-hire motor carrier a notice indicating that its operations may be resumed.
If the staff denies reinstatement of the for-hire motor carrier's certificate,
the for-hire motor carrier may file a petition and request for hearing with the
commission for reinstatement of its certificate.

(F)
A for-hire motor
carrier may request that its certificate be temporarily suspended by serving
such request upon the staff. The request must indicate the effective date of
the suspension. Upon receipt of the request, the staff shall serve upon the
for-hire motor carrier a notice that its certificate has been suspended per its
request and that all intrastate operations must cease as of the effective date
of the suspension. The notice shall inform the for-hire motor carrier that the
suspension shall be for no longer than one hundred eighty days from the
effective date of the suspension and that its certificate shall be subject to
revocation if the for-hire motor carrier does not serve upon staff, prior to
the expiration of the one hundred eighty day period, a request to have its
certificate reinstated.

(G)
Upon receipt of a request from a for-hire motor
carrier to reinstate its certificate suspended pursuant to paragraph (F) of
this rule, the staff shall serve upon the for-hire motor carrier a notice
indicating that its operations may be resumed.

(H)
If a for-hire
motor carrier that has had its certificate suspended pursuant to this rule
fails to take the required action to have its certificate reinstated, the
commission may revoke its certificate pursuant to the provisions of rule
4901-5-03 of the Administrative
Code.